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§ 27-406. Reemployment of retiree

West's Annotated Code of MarylandState Personnel and PensionsEffective: July 1, 2020

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division II. Pensions [Titles 20-34] (Refs & Annos)
Title 27. Judges' Retirement System (Refs & Annos)
Subtitle 4. Benefits (Refs & Annos)
Effective: July 1, 2020
MD Code, State Personnel and Pensions, § 27-406
§ 27-406. Reemployment of retiree
Currentness
Application of section
(a) This section does not apply to a retiree who is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution.
Notification of employment and compensation
(b) Subject to subsection (e) of this section, a retiree may accept employment in which all or part of the compensation for the employment comes from municipal, county, or State funds, if the retiree immediately notifies the Board of Trustees of:
(1) the retiree's intention to accept the employment; and
(2) the compensation that the retiree will receive.
Reduction of retirement allowance
(c)(1) Except as provided in paragraph (3) of this subsection, the Board of Trustees shall reduce the retirement allowance of a retiree who accepts employment as provided under subsection (b) of this section if the retiree's current employer is any unit of State government and the retiree's employer at the time of the retiree's last separation from employment with the State before the retiree commenced receiving a service retirement allowance was also a unit of State government.
(2) The reduction required under paragraph (1) of this subsection shall equal the amount that the sum of the retiree's annual retirement allowance and the retiree's annual compensation exceeds the amount of the compensation on which the retirement allowance is based.
(3) The reduction required under paragraph (1) of this subsection does not apply to an individual who:
(i) has been retired for 5 years, beginning on January 1 after the date the individual retires; or
(ii) is employed as a member of the faculty of a public institution of higher education in the State.
Retirement benefits resulting from subsequent employment
(d)(1) Any reduction taken under subsection (c) of this section may not reduce the retiree's allowance to an amount less than the required deduction for the retiree's monthly State-approved medical insurance premiums.
(2) The Board of Trustees shall recover from the retiree any difference between the reduction required under subsection (c) of this section and the reduction taken under paragraph (1) of this subsection.
Employment restrictions
(e) A retiree may not be employed by the State or other participating employer on a permanent, temporary, or contractual basis within 45 days of the date the individual retired.

Credits

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 2001, c. 643, § 1, eff. July 1, 2001; Acts 2007, c. 334, § 1, eff. July 1, 2007; Acts 2008, c. 250, § 1, eff. July 1, 2008; Acts 2010, c. 688, § 1, eff. July 1, 2010; Acts 2011, c. 136, § 4, eff. July 1, 2014; Acts 2013, c. 479, § 2, eff. July 1, 2013; Acts 2013, c. 480, § 2, eff. July 1, 2013; Acts 2014, c. 304, § 1, eff. July 1, 2014; Acts 2015, c. 150, § 1, eff. July 1, 2015; Acts 2020, c. 381, § 1, eff. July 1, 2020; Acts 2020, c. 382, § 1, eff. July 1, 2020.
MD Code, State Personnel and Pensions, § 27-406, MD ST PERS & PENS § 27-406
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document